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Rules & Regulations
The following are terms of a legal agreement ("Agreement") between you and
neoIT.com, Inc. ("neoIT"). By accessing, browsing and/or using this web site
("Site") you acknowledge that you have read, understood and agree to be bound
by these terms and to comply with all applicable laws and regulations. If you
do not agree to these terms, do not use this Site. This Site may contain other
proprietary notices and copyright information, the terms of which must be
observed and followed. Information on this Site may contain technical
inaccuracies or typographical errors. Please read this Agreement carefully and
be aware that neoIT may, in its sole discretion and without notice, revise
these terms at any time by updating this posting.
Copyrights and Use of Site Content
The copyright in all materials provided on this Site is held by neoIT or by the
original creator of the material. Except as stated herein, none of the
materials may be copied, reproduced, distributed, republished, downloaded,
displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording or otherwise,
without the prior written permission of neoIT or the copyright owner.
Permission is granted to download one copy of the materials on this Site on a
single computer for your personal or internal business use only provided that
you do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
immediately if you breach this Agreement. You may not "mirror" any material
contained on this Site without neoIT's express written permission. Any
unauthorized use of the materials contained on this Site may violate copyright
laws, trademark laws, the laws of privacy and publicity and/or communications
regulations and statutes. All content and functionality on this Site, including
text, graphics, logos, icons, and images and the selection and arrangement
thereof, are the exclusive property of neoIT or its licensors and is protected
by U.S. and international copyright laws. All rights not expressly granted are
reserved.
© 2007 neoIT.com, Inc.
2603 Camino Ramon, Suite 200
San Ramon, CA 94583
Telephone: (925) 355-0557
Facsimile: (925) 355-0558
All rights reserved.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed
on this Site are registered and unregistered Trademarks of neoIT. Other
trademarks, service marks and trade names may be owned by others. Nothing on
this Site should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark or any other neoIT
intellectual property displayed on this Site. neoIT aggressively enforces its
intellectual property rights to the fullest extent of the law. The name neoIT
or any other Trademarks may not be used in any way, including in advertising or
publicity pertaining to distribution of materials on this Site, without prior
written permission from neoIT. neoIT also prohibits use of neoIT or any other
Trademark as part of a link to or from any site unless establishment of such a
link is approved in advance by neoIT in writing.
No Services, Endorsement or Professional Consultation
There may be delays, omissions or inaccuracies in information obtained through
your use of this Site. This information is provided to you with the
understanding that neoIT's provision of this information to you does not
constitute the rendering of investment, consulting, legal, accounting, tax,
career or other advice or services. Information on this Site should not be
relied upon for making business, investment or other decisions or used as a
substitute for consultation with professional advisors. Moreover, neoIT does
not represent or endorse the accuracy or reliability of any advice, opinion,
statement, or other information displayed, uploaded, downloaded or distributed
through this Site by neoIT, any user, information provider or any other person
or entity. You acknowledge that any reliance upon such opinion, advice,
statement, memorandum, or information shall be at your sole option and risk.
Moreover, neoIT does not grant any license or other authorization to you to use
this Site in any manner if such use in whole or in part suggests that neoIT
promotes or endorses any third party's causes, ideas, political campaigns,
political views, web sites, products or services.
Access to This Site
neoIT may alter, suspend or discontinue this Site or your access to use this
Site at any time for any reason without notice or liability to you or any third
party. This Site may become unavailable due to maintenance or malfunction of
computer equipment or for other reasons and may result in damages to the user's
systems or operations. The user shall be solely responsible for ensuring that
any information or content obtained from this Site does not contain any virus
or other computer software code or subroutine designed to disable, erase,
impair or otherwise damage the user's systems, software or data.
Hyperlinking
neoIT makes no representations whatsoever about any other web site which you
may access through this one. When you access a non-neoIT web site, please
understand that it is independent from neoIT, and that neoIT has no control
over the content on that web site, even if neoIT provides information or
services to the owner of that web site. In addition, a link to a non-neoIT web
site does not mean that neoIT endorses or accepts any responsibility for the
content or the use of such web site. In fact, neoIT disclaims any and all
liability and responsibility for such content. It is up to you to take
precautions to ensure that whatever you select for your use is free of such
items as viruses, worms, trojan horses and other items of a destructive nature.
User Postings
You acknowledge and agree that neoIT shall own and have the unrestricted right
to use, publish, in electronic form and otherwise, distribute and exploit any
and all information that you post or otherwise publish on this Site
("Submissions"). You hereby waive any and all claims against neoIT for any
alleged or actual infringements of any rights of privacy or publicity, moral
rights, rights of attribution or any other intellectual property rights in
connection with neoIT's use and publication of such Submissions. This means
that anything submitted by you to this Site will be owned by neoIT and may be
used by neoIT for any purpose, now or in the future, without any payment to, or
further authorization by, you. In the event neoIT's ownership of such
Submissions is successfully contested, you automatically grant neoIT a
perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable
right and license to use, reproduce, modify, publish, translate, prepare
derivative works based upon, distribute, perform or display such Submissions,
in whole or in part, in any form, media or technology known or hereafter
developed for any purpose, including, but not limited to, advertising and
promotional purposes. neoIT does not represent or endorse the accuracy or
reliability of any Submissions displayed, uploaded, posted on any message
board, or otherwise distributed through this Site by any user of this Site,
information provider or any other third party. neoIT expressly disclaims any
and all liability related to Submissions, and you acknowledge that any reliance
upon such Submissions shall be at your sole risk. You covenant that you shall
not post or otherwise publish on the Site any materials that: (i) are
threatening, libelous, defamatory, or obscene; (ii) would constitute, or that
encourage conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate law; (iii) infringe the intellectual property,
privacy, or other rights of any third parties; (iv) contain a computer virus or
other destructive element; (v) contain advertising; or (vi) constitute or
contain false or misleading statements. neoIT in its sole discretion reserves
the right to refuse to post and the right to remove any information or
Submission from this Site, in whole or in part, for any reason.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
NEOIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NEOIT DOES
NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR
RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER
THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH
PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE
DEBTOR."
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NEOIT OR ANY OF ITS PREDECESSORS, SUCCESSORS,
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS,
INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE
HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY
OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE
INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF
NEOIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
NEOIT'S OR ANY OF ITS PREDECESSORS', SUCCESSORS', PARENTS', SUBSIDIARIES',
AFFILIATES', OFFICERS', DIRECTORS', SHAREHOLDERS', INVESTORS', EMPLOYEES',
AGENTS', REPRESENTATIVES' AND ATTORNEYS' AND THEIR RESPECTIVE HEIRS',
SUCCESSORS' AND ASSIGNS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO ALL USERS.
Indemnification
You hereby indemnify, defend, and hold harmless neoIT and all of its
predecessors, successors, parents, subsidiaries, affiliates, officers,
directors, shareholders, investors, employees, agents, representatives and
attorneys and their respective heirs, successors and assigns (collectively, the
"Indemnified Parties") from and against any and all liability and costs,
including, without limitation, reasonable attorneys' fees, incurred by the
Indemnified Parties in connection with any claim arising out of or relating to
any breach by you of this Agreement or the representations, warranties, and
covenants you have made by agreeing to the terms of this Agreement. You shall
cooperate as fully as reasonably required in the defense of any such claim.
neoIT reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of The State of
California, United States of America, notwithstanding any principles of
conflicts of law. You expressly agree that exclusive jurisdiction resides in
The Courts of the State of California. You further agree and expressly consent
to the exercise of personal jurisdiction in The State of California in
connection with any dispute or claim involving neoIT. If any part of these
terms is unlawful, void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of the remaining
provisions.
Infringement Notices and Takedown
neoIT prohibits the posting of any information that infringes or violates the
copyright rights and/or other intellectual property rights (including rights of
privacy and publicity) of any person or entity. If you believe that any
material contained on this Site infringes your copyright, you should notify
neoIT of your copyright infringement claim in accordance with the following
procedure. neoIT will process notices of alleged infringement which it receives
and will take appropriate action as required by the Digital Millennium
Copyright Act (DMCA). The DMCA requires that notifications of claimed copyright
infringement should be sent to this Site's Designated Agent who is:
Eugene Kublanov
neoIT.com, Inc.
2603 Camino Ramon, Suite 200
San Ramon, CA 94583
Telephone: (925) 355-0557
Facsimile: (925) 355-0558
Email: eugene@neoit.com
To be effective, the notification must be in writing and contain the following
information (DMCA, 17 U.S.C. §512(c)(3)):
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| 1. |
Physical or electronic signature of a
person authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; |
| 2. |
Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such
works at that site; |
| 3. |
Identification of the material that is
claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit the service provider to locate the material; |
| 4. |
Information reasonably sufficient to
permit the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted; |
| 5. |
A statement that the complaining party
has a good faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law; |
| 6. |
A statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. |
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| Entire Agreement
This Agreement constitutes the entire agreement between you and neoIT with
respect to the subject matter of this Agreement and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral,
regarding that subject matter. Any waiver of any provision of this Agreement
will be effective only if in writing and signed by neoIT.
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